Legal Opinion

People v. Burns

California Court of Appeal

Decided December 8, 1993No. B065288PublishedCited by 8 opinions

1Opinion of the Court

Opinion

BOREN, P. J.

After the municipal court denied appellant’s motion to quash and traverse a search warrant (Pen. Code, § 1538.5, subd. (f)), appellant entered a “certified plea” of guilty, 1 and the municipal court transferred the matter to the superior court, which then sentenced appellant. We hold that, pursuant to subdivision (m) of section 1538.5, this court lacks jurisdiction to review the denial of appellant’s motion, since it was not brought in the superior court. Appellant’s guilty plea included the agreement that he would be permitted to raise on appeal the denial of his motion to…

2Cases cited16 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  3. People v. MirandaCalifornia Supreme Court · 1987
  4. People v. DeVaughnCalifornia Supreme Court · 1977
  5. People v. KaaneheCalifornia Supreme Court · 1977

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3Cited by8 opinions

  1. People v. RichardsonCalifornia Court of Appeal · 2007
  2. People v. GarridoCalifornia Court of Appeal · 2005
  3. People v. NavarroCalifornia Court of Appeal · 2006
  4. Mann v. City of Chula VistaDistrict Court, S.D. California · 2020
  5. People v. Brisco CA5California Court of Appeal · 2013

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